Report on aviation incident in Bergen on 26 August 2022 involving a DJI Mavic 3 drone, LN-02023CM, operated by TV 2 Luftfoto

Aviation report 2024/04

During training for a commercial flight for TV 2 Luftfoto with a Mavic 3 drone the pilot was testing the conditions for the upcomming coverage of the triathlon World championship in Bergen. The pilot started the drone and shortly after take off the drone became difficult to control and it flew through a window. The investigation concludes with technical failure being the probable cause of loss of control. There has been difficulties obtaining the required level of support from the manufactorer, DJI in this investigation. This flight was not performed within the requirement for open categori A2 but this fact had no impact on the sequence of events.

Shortly after take-off on Friday 26 August 2022, the drone LN-0203CM stopped responding to stick commands from the drone pilot. It flew at high speed towards a building and crashed through a third-floor window. A person who was in the room at the time suffered minor injuries.
The incident took place while TV 2 Luftfoto was practising drone flying in preparation for covering a triathlon competition starting from Bryggen in Bergen.

The NSIA has discussed a few possible scenarios, including signal blockage, that can cause a drone to stop responding to stick commands from the drone pilot.  The most likely scenario is that the incident occurred because a function of the drone unintentionally took control of the flight.
 
After the accident, the NSIA has found it challenging to obtain assistance from the drone manufacturer DJI to decrypt and analyse the flight record and to answer our technical questions. It took ten months for the NSIA to receive the manufacturer’s analysis of the sequence of events. Although DJI have answered questions during the investigation some questions remain unanswered. The NSIA is also aware of two other investigations, in Great Britain and in the Netherlands, where the investigating authorities have found it difficult to obtain information from the manufacturer. After these investigations DJI received two safety recommendations to improve their process for cooperation with safety investigators.

The investigation has shown that there is no authority with a mandate to force a manufacturer of drones placed onto the European marked with a CE-declaration to support safety investigations. Given that the Safety Investigation Authorities is not supported there appears to be no other body capable of performing detailed technical review of DJI unmanned aircraft systems.

The NSIA submits three safety recommendations following the investigation. The NSIA recommends that the European Commission implement legislation where a manufacturer of all unmanned aircraft systems can face sanction for failing to support safety investigations. The NSIA also recommends the European Commission to mandate an authority to review DJI’s drones to determine whether they maintain the necessary level of safety. 
One safety recommendation is also addressed to the Civil Aviation Authority (CAA) Norway in which they are asked to provide information to the national drone operators of the possible design flaw that affects DJI Mavic 3 when exiting ATTI  mode. 

Published 15.05.2024

Safety recommendation

Safety recommendation Aviation No 2024/04T

During a flight with a DJI Mavic 3 drone from the manufacturer DJI in Bergen, Norway on 26 August 2022, the drone pilot lost control of the drone. The Norwegian Safety Investigation Authority has been unable to establish unequivocally why the loss of control occurred. The Norwegian Safety Investigation Authority has repeatedly contacted the manufacturer DJI with requests for technical support in connection with the investigation. DJI has failed to fulfil the Norwegian Safety Investigation Authority’s requests and does not comply with the requirements stipulated in the Norwegian Aviation Act Chapter 12-6, cf. the EU Regulation on the investigation and prevention of accidents and incidents in civil aviation Article 11(2)g) or the ICAO Convention Annex 13 Chapter 5 section 5.6. The UK Air Accidents Investigation Branch (AAIB) and the Dutch Safety Board have both previously submitted recommendations relating to insufficient support from the DJI, with little or no effect.

The Norwegian Safety Investigation Authority recommends that the European Commission implement legislation where all manufacturer of unmanned aircraft systems can be subject to sanctions for failing to support safety investigations regardless of the category where the unmanned aircraft system was operated.

Safety recommendation Aviation No 2024/05T

While flying a DJI Mavic 3 drone from the manufacturer DJI in Bergen, Norway on 26 August 2022, the drone pilot lost control of the drone. The Norwegian Safety Investigation Authority has been unable to establish unequivocally why the loss of control occurred but considers it probable that it is related to a flaw in the drone occurring when switching from ATTI mode with low GPS levels. Due to the inadequate technical support from DJI, the Norwegian Safety Investigation Authority has not been able to verify all aspects of the issue. It is therefore uncertain whether the drone can be controlled at all times so that it does not represent a danger to persons or other aircraft. Given the lack of support it is not known if this risk is inherent in other drones produced by DJI.

The Norwegian Safety Investigation Authority recommends that the European Commission mandate an authority to conduct a technical review of DJI’s unmanned aircraft systems in which DJI present documentation if the systems maintain the expected aviation safety standard.

Safety recommendation Aviation No 2024/06T

While flying a DJI Mavic 3 drone from the manufacturer DJI in Bergen, Norway on 26 August 2022, the drone pilot lost control of the drone. The Norwegian Safety Investigation Authority has been unable to establish unequivocally why the loss of control occurred but considers it probable that it is related to a flaw in the drone when switching from ATTI mode at low GPS levels. Users of DJI Mavic 3 in Norwegian airspace should be informed about this flaw so that they can take steps to avoid finding themselves in a similar situation.

The Norwegian Safety Investigation Authority recommends that CAA Norway inform users of DJI Mavic 3 drones in Norwegian airspace about this design flaw which can result in losing control of the drone after it switches out of ATTI mode.

Facts

Location Pier in Bergen
Occurrence date 26.08.2022
Aircraft Drone
Operator TV 2 Luftfoto
Registration LN-0203CM
Meteorological conditions VMC
County Vestland
Type of occurrence Incident
Type of operation Commercial, other
Aircraft category RPAS
FIR/AOR ENOS (Oslo ATCC)